MEMORANDUM OF UNDERTAKING
CONCERNING THE RECOGNITION OF TRAINING AND CERTIFICATION OF SEAFARERS FOR
SERVICE ON BOARD VESSELS REGISTERED IN THE REPUBLIC OF CHINA
BETWEEN
NATIONAL CHINESE SEAMEN'SUNION(NCSU)
OF THE REPUBLIC OF CHINA
AND
( ______)
MEMORANDUM OF UNDERTAKING
BETWEEN
NATIONAL CHINESESEAMEN'SUNION
OF THE REPUBLIC OF CHINA
AND
(______)
The National Chinese Seamen'sUnionof the Republic of China and The ( ______):
ACTING in accordance with the procedures referred to in Regulation I/10 of the Annex to the International Convention on Standards of Training, Certification and Watchkeeping (STCW) for Seafarers 1978, as amended in 1995 (hereinafter referred to as the "STCW Convention");
RECOGNIZING the importance of the 1995 amendments to the STCW Convention which entered into force on 01 February 1997, and that compliance with its provision is required;
HAVING REGARD to the obligations imposed under the STCW Convention, and without prejudice to the National Laws of either Party to this Memorandum of Undertaking;
The Parties hereby enter into this Memorandum of Undertaking, pursuant to Regulation I/10 for the purpose of ensuring that the requirements of the STCW Convention, including the related provisions of the STCW Code, are complied with as follows:
- The seafarers of the (______) whose seagoing service, education and training acquired under their competent authority and National Laws in accordance with the 1978 STCW Convention, as amended, is to be recognized and accepted by the other Party who will issue its own certificate of endorsement pursuant to the requirements of the STCW Convention and its National Laws, whenever practicable.
- In order to give effect to certification pursuant to Regulation I/10, (____)will exert best efforts to make representations and measures to ensure that its competent authority communicate its Seafarers' Training and Certification System to the other Party's competent authority as required by Regulation I/7 of the STCW Convention and Section A-I/7 of the STCW Code for the review and confirmation by the other Party's concerned competent authority that the information provided demonstrates that full and complete effect is given to the provisions of the STCW Convention.
- (____) shall, within the framework of their National Laws and Regulations, exert all efforts to make representations and take measures to ensure that the education, training and assessment of(______) seafarers, as required by the STCW Convention, have been administered and monitored by their proper competent authority in accordance with the provisions of Section A-I/6 of the STCW Code for the type and level of training or assessment involved.
- (____) shall exert efforts to make representations and take measures in ensuring that the other Party's competent authority will be assured and confirmed by its concerned competent authority, which may include allowing periodic inspection of facilities and procedures; that there is full compliance with the requirements concerning the standards of competence, the issuance of certificates and record keeping; that the necessary action has been taken to comply with the training requirements of the STCW Convention, including the STCW Code, as may be applicable; and that materials and training facilities may be available for inspection and review if and when requested by the other Party's competent authority.
- (____) shall exert efforts and make representations to ensure that its competent authority will, in accordance with Regulation I/10, notify or communicate to the other Party'scompetent authority any significant change in the arrangements for training and certificates provided in compliance with the STCW Convention within ninety (90) days of any such change.
- NCSU shall exert efforts to make representations to ensure that its competent authority shall inform or communicate the circumstances of any suspension, revocation or otherwise withdrawal of certificates of endorsement for disciplinary reasons pursuant to the STCW Convention to the other Party's counterpart competent authority within ninety (90) days.
- This Memorandum of Undertaking shall take effect on the date on which signed by both Parties and shall remain in force for a period of five (5) years, and may be terminated by either Party at any time after giving written notice of at least six (6) months prior to the date on which it intends that this Memorandum of Undertaking will cease to be in force. Unless notice of termination has been given by the other Party, at least six (6) months before the date of its expiration, this Memorandum of Undertaking shall be automatically extended for successive periods of five (5) years, each Party reserving the right to terminate this Memorandum of Undertaking upon notice of at least six (6) months.
(______)
Represented by:
(______)
Chairman
Date: / NATIONAL CHINESE SEAMEN’SUNIONOF THE REPUBLIC OF CHINA
Represented by: